MATERNAL PROTECTION FOR WOMEN IN THE WORKSPACE
Maternity protection rights are essential privileges granted to pregnant or breastfeeding employees to ensure a safe and supportive work environment, catering to their unique needs. These rights are an extension of women's rights to better working conditions and are crucial for their health, well-being, and productivity. In Nigeria, the Labour Act and other laws modelled after the International Labour Organization (ILO) conventions provide a framework for maternity protection to advance the interest of pregnant women and nursing mothers. This article is to enlighten the public on these rights and how to take advantage of them.
1. MATERNITY PROTECTION UNDER THE INTERNATIONAL LABOUR ORGANIZATION (ILO)
The ILO C183 - Maternity Protection Convention, 2000 recognizes the following rights: i. Health Protection for mother and child. ii. Maternity Leave. iii. Leave in cases of illness and complications during pregnancy or while caring for a child as a breastfeeding mother. iv. Employment Protection and Non-discrimination. v. Breastfeeding Breaks.
2. MATERNITY PROTECTION PRIVILEGES IN NIGERIA
Section 54 of the Nigerian Labour Act provides that in any private, public or commercial or agricultural undertaking, a woman shall have the following rights: A. Six (6) weeks paid leave from work upon production of a medical certificate that her confinement would probably take place within six weeks. B. Six (6) weeks paid leave after her confinement (delivery). C. Half salary where the maternity leave extends to 6 months after the initial leave, arising from medical complications occasioned by childbirth. D. Job security for the period under the maternal protection. E. A minimum of half an hour, twice every day, during her work time to breastfeed her child as a nursing mother.
Job Security and Case Law
On the issue of job security, an employee cannot be placed in a disadvantaged position as a result of exercising the rights provided under the Act. A practical example was witnessed in the case of STANDARD CHARTERED BANK V. ADEGBITE, where an employee took the 12 weeks paid leave provided. She however applied for a month extension because of the health of her newborn. One year after, the Management dismissed her on the grounds that her appraisal rating was too low, occasioned by the one month leave extension she took in the year under review. The Court held that the dismissal is wrongful and discriminatory in contravention of the Labour Act and her fundamental right guaranteed under the constitution.
Eligibility of Single Mothers
Maternity protection is an extension of women's rights in the workplace. It is irrelevant to say whether the pregnancy was conceived out of wedlock or that the child is illegitimate. As long as she provides a medical certificate as required by law to show her entitlement to the leave.
Maternal Rights for Unmarried Employees in Security Agencies
Regulations 126 and 127 of the Police Act stipulate a discharge from the service for female officers who become pregnant out of wedlock while in the service. However in the recent case of INCORPORATED TRUSTEES, NIGERIA BAR ASSOCIATION V AGF AND 2 ORS where Corporal Omolola Olajide was discharged from the Nigerian Police Force, the Court of Appeal held the provisions of the Regulations to be discriminatory, illegal and in contravention with the provisions of the Nigerian Constitution, hence a nullity.
Contracts vs Statutory Maternity Rights
Where the terms of a contract of employment conflict with the maternal rights recognized under the Labour Act, the provisions of the Labour Act prevail. In essence these maternal privileges cannot be overridden by the employer under any guise whatsoever.
CONCLUSION
In conclusion, it is important for pregnant or nursing mothers to be aware of their rights and privileges under the Maternity Protection laws in Nigeria. Employers should also be aware of these laws and ensure that they provide a conducive work environment for pregnant and nursing mothers. Any form of discrimination or dismissal based on exercising these rights is unlawful and can be challenged in a court of law. Maternity Protection is crucial in promoting gender equality in the workplace and ensuring the well-being of women and their children. Let us all work towards creating a supportive and inclusive work environment for women in Nigeria.
Author
